Consent, modification and language
Official Scanned Tickets
Group official tickets are pre-purchased and automatically appear in your account. Single official tickets are scanned and uploaded into your account where they can be viewed at all times. It is only the purchase of single official tickets that are scanned and then uploaded into your account. [Note: this section is not clear. Further explanation is required regarding the ticket purchase procedure]
In the event of winning the jackpot you are required to collect your winning official ticket physically from one of our local agents, then you can claim your winnings personally, and directly. For more information please scroll down to ‘Definition of Prizes & Collections’.
Eligibility to accept terms
The Site is intended for individuals over the age of eighteen (18) or the age of majority in your jurisdiction. Therefore, if you are under 18 years, or age of majority in your jurisdiction, you are prohibited from registering an Account (defined below) and using the Services (defined below). By using the Site or Services (as defined below) you hereby represent that you are over the age of eighteen (18) or the age of majority in your jurisdiction, and are not otherwise prohibited or restricted from accepting these Terms. If it comes to our attention through reliable means that a User is under the age of 18 years we may, to the extent applicable, cancel that User's Account and/or access to the Site.
We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable laws, and do not: copy, distribute or modify any part of the Site or Services (as defined below) without our prior written authorization; use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; disrupt servers or networks connected to the Site or Services (as defined below); use or launch any automated system (including without limitation, "robots" and "spiders") to access and/or use the Site or Services (as defined below); use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; use the Site or Services (as defined below) for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We reserve all rights not expressly granted in and to the Site.
Subject to applicable registration and eligibility requirements, and your compliance with these Terms, we offer certain services in connection with the Site ("Services"), including, and without limitation to: the Lottery Ticket, Prize Collection Service, Subscription Service, Alert Service and Support Service.
General. In order to use some of the Services, it is necessary to first create an account (an "Account") and submit certain mandatory information to us in connection with your Account. You reserve the right to decide whether to submit any information to us, however, if you choose not to submit mandatory information you may be unable to register an Account and use or participate in certain Services. You may only register one Account for your own personal use. You agree not to create an Account for anyone else or use the Account of another. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account and you must keep your Account password secure. You must notify Lottosend immediately of any breach of security or unauthorized use of your Account. You can stop using, and may delete your Account at any time by using the tools that are available on the Site ("Site Tools"). Account Restrictions. If you are an employee, director, officer, or Agent (defined below) of Lottosend (each an "Employee"), or a spouse, de facto partner, parent, sibling, child or close family member of an Employee, then you are prohibited from registering an Account and participating in any Services. "Agent" means any
entity or person that is connected with the management or operation of a Lottery Draw, and includes each Lottery Operator and its employees; or
any third party service provider (and its employees) that we engage to perform Site management tasks on our behalf.
If more than twelve months has passed since your last activity (such as logging into the Account or purchasing a ticket), the Company shall be entitled to suspend or terminate your Account. Prior to suspension or termination, the Company will make reasonable efforts to contact you via the email listed in your Account. If you do not take any action on your account or contact us within fourteen days after such notification, the remaining balance may be removed. Those funds may be donated to Charity. [Note: it is preferable to provide a longer period as to be fair and prevent complaints]
Each Lottery Draw is performed by the Lottery Operator. Your participation in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator ("Lottery Operator Rules"), which you agree to independently review and comply with. Lottosend is not responsible for any terms and conditions of the Lottery Operator, and you shall have no claim or demand to Lottosend with respect to any such term or condition or any action by Lottosend which may adversely affect you.
Lottery ticket service
General. We make certain tools available on the Site so that Users can complete and submit online lottery forms in connection with Lottery Draws ("Forms"); engage local representatives to locally lodge Forms on our Users' behalf with Lottery Operators ("Local Representative"); display the results of Lottery Draws on the Site; if applicable, collect the winnings from the Lottery Operators and facilitate the payment of Prizes (defined below) to eligible Users; and/or if applicable, facilitate the hand-delivery of a Winning Lottery Ticket (defined below) to eligible Users (collectively, the "Lottery Ticket Service").
Participation in the Lottery Ticket Service. In order to participate in the Lottery Ticket Service you must have registered valid information, and maintain an active, Account; and comply with these Terms. Completion, Submission and Purchasing of Forms. If you wish to participate in a Lottery Draw, you must use the Site Tools to complete a Form by choosing the type of form and inserting your numbers into each line; submit the completed Form; and pay the price for submitting the Form and participating in the related Lottery Draw ("Form Price").
Form Price. The Form Price is the amount displayed on the Site at the time you submit the Form; includes our service fee and therefore may be higher than the participation price you would pay if you paid to submit an equivalent lottery form directly to the Lottery Operator; is subject to change from time to time, as displayed on the Site; and is subject to the quantity of lines and numbers in the Form that you choose to submit and the number of lottery games you choose to participate in. Payment of the Form Price will be made in your Designated Currency (defined below).
Group Play Service
General. The Site offers multiple users to use our Messenger Service in order to jointly purchase, through our Lottery Ticket Service, a number of Lottery Tickets for a given Lottery Draw and to share in any Prize which may be due if such Lottery Tickets are Winning Lottery Tickets (“Group Play" or “Group Play Service"). “Group" means a group of users that uses our Messenger Service to purchase a set of Lottery Tickets through the Group Play. The Group Play Service does not enable you to choose the members of a Group.
Shares. Group Play offers you the opportunity to purchase one or more equal portions of ownership in a Group and the Lottery Tickets purchased by the Group (“Shares"), to the extent such Shares are available. We determine: (i) the total number of Shares available for purchase in a Group (“Total Shares"); (ii) the number of Lottery tickets purchased by the Group; and (iii) the number combinations played by Lottery Tickets purchased by the Group (“Lines"). The Site will display the Total Shares, the Lines played, and the remaining Shares available for purchase by you in the Group prior to your purchase of any Shares. By purchasing a Share, you will not own any specific Lottery Ticket or Line purchased by the Group. Any Shares not purchased by Site users shall be owned by us.
Group Prize Share. The portion due to you of any Prize resulting from Winning Lottery Tickets purchased on behalf of a Group (“Group Prize") will correspond to the percentage of Shares you have purchased of the Total Shares in that Group.
Group Prize Collection. Group Prizes shall be collected on the terms and conditions set forth for the collection of Prizes. Without derogating from the foregoing, if you purchase a Share, you hereby appoint, and grant power of attorney to, the person whom we may choose to collect any Group Prize, if such Prize is higher than US$2,500 and/or results from a Jackpot or Locally Taxed Winning (defined below), and to distribute to you, or effect the distribution of, your portion of the Group Prize (the “Group Representative"). You further agree to take all necessary action to effect such appointment and grant of power of attorney as we may direct, including but not limited to, signing a separate power of attorney document empowering the Group Representative to take the actions set forth herein, or that we may otherwise require, to effect collection and distribution of the Group Prize. You understand that if you do not comply with our instructions with reference to a Group Prize you may not be able to receive your portion of such Group Prize.
Limitation. Group Play may not be available in combination with other service or features offered on the Site, including but not limited to our Subscription Service (defined below). The Company reserve the right to cancel a Group Game in case there are not enough shares purchased to cover the cost of the game. In such case the users who purchased shares for this specific Group game will receive the same amount of shares for the following Group Game, or alternatively can receive a refund for their amount of shares purchased.
Form price payment and confirmation
Confirmed Payments. Upon our receipt of the Form Price, we will send you an email payment confirmation. You may also view information about your participation, including your payment details and the name and date of the related Lottery Draw, in your Account.
Pending Payments. In the unlikely event that there is a delay (for example, due to technical issues in the processing of a transaction) between your submission of a Form and payment of the Form Price and our receipt of payment, then the status of the transaction will be pending until such time as we receive the Form Price.
Cut-off Time. We stop accepting the submission of a Form a certain number of hours prior to the execution of the related Lottery Draw by its Lottery Operator ("Cut-Off Time"). We display the amount of time that is remaining until the Cut-Off Time for each Lottery Draw on the Site. We retain the right in our sole discretion to determine the length of the Cut-Off Time. Please be aware that once the Cut-Off Time for a particular Lottery Draw has been reached, you will no longer be able to submit a Form for it.
Local Submission of Forms and Local Representatives. Following our receipt of a Form and Form Price, we engage a Local Representative to locally lodge the Form with, and purchase the related lottery ticket from, the Lottery Operator ("Lottery Ticket"). We use commercially reasonable efforts to ensure that each Lottery Ticket complies, and is lodged in accordance, with the time-frames set forth in the related Lottery Operator Rules. You acknowledge that since Lottery Tickets are purchased locally immediately following your submission of the Form, there is no option of timely cancellation and you agree that your submission of a Form and payment of the related Form Price is final, non-cancellable, and non-refundable (except as expressly set forth in these Terms). In the event of any inconsistency between the numbers appearing on a Form and a Lottery Ticket, the numbers on the Lottery Ticket will prevail. See Your Ticket Service. You may view scanned copies of your Lottery Tickets in your Account (the "See Your Ticket Service"). You acknowledge that it takes time to upload scanned copies of Lottery Tickets, and there may be a delay between the time that the Lottery Ticket is purchased and the time that a copy is made available for you to view.
Performance of the Lottery Draw and Results
Following each Lottery Draw, the Lottery Operator publishes the related final and conclusive winning numbers ("Winning Numbers"). To the extent that a Lottery Ticket includes Winning Numbers you may be entitled to a cash prize to be paid by the Lottery Operator ("Prizes"). The number of Winning Numbers that you need to obtain to be entitled to Winnings in connection with a Lottery Draw, as well as the amount of a Prize, is determined solely by the Lottery Operator. We use commercially reasonable efforts to publish the official Lottery Draw results, including the Winning Numbers and Prizes, on the Site as soon as possible following official publication thereof by the related Lottery Operator. If your Lottery Ticket is a winning ticket ("Winning Lottery Ticket") then we will send an email to your designated email account and (if you have chosen to participate in our Alert Service) an alternate means of communications, notifying you of your entitlement to collect a Prize.
Definition of prizes and collections
General. The Site differentiates between the following categories of Prizes: the top prize in a particular Lottery Draw ("Jackpot") and Prizes that are subject to local tax in the jurisdiction of the Lottery Operator ("Locally Taxed Winnings"); and Prizes that are not a Jackpot or Locally Taxed Winnings ("Secondary Winnings"). Depending on the category, we offer different options for you to either personally collect your Prize or to have it transferred to you, all subject to and in accordance with these Terms.
Jackpots and Locally Taxed Winnings
If you are entitled to a Jackpot or Locally Taxed Winnings, then you are responsible for personally collecting the Prize from the related Lottery Operator in accordance with the section herein entitled 'Direct Prize Collections'. Notwithstanding the foregoing, Lottosend, may, in its sole discretion, offer to collect the Prize on your behalf from the related Lottery Operator and transfer the Prize to you in accordance with our Prize Collection Service.
If you are entitled to Secondary Winnings, you agree that we will collect the Winnings on your behalf from the related Lottery Operator and transfer the Winnings to you in accordance with our Prize Collection Service.
Prize Collection Service
We offer a collection and transfer service whereby we will collect your Prize from the Lottery Operator on your behalf and transfer it to your Account (the "Prize Collection Service"). You retain the right to withdraw any Real Money (defined below) in your Account at any time in accordance with Section 22.5 (entitled 'Withdrawals from Your Account') herein. You hereby authorize the Site and its representatives to collect your Prize from the related Lottery Operator on your behalf and transfer it to you. We use commercially reasonable efforts to transfer the Prize to you promptly after our actual receipt of the Prize from the Lottery Operator. We will transfer the Prize to you in your Designated Currency. You acknowledge and agree that if, for any reason, the Lottery Operator fails to deliver the Prize to us, then we will not have any obligation to pay a corresponding amount to you; and we will make the Winning Lottery Ticket available to you, in which case you may choose to personally collect your Prize from the Lottery Operator. You expressly acknowledge and agree that if we collect the Prize on your behalf and transfer it to you, then we may deduct associated bank transfer costs from the amount of the Prize; and as applicable, the Lottery Operator may deduct taxes, withholdings, or other sums from the amount of the Prize in accordance with its Lottery Operator Rules. You hereby waive any claims you may have against Lottosend with respect to to any such deductions.
General. The Site enables you to automatically participate in a specific Lottery on a periodic basis (the "Subscription Service").
Frequency of Participation
If you elect to participate in the Subscription Service and subscribe to a specific Lottery, then you will participate in each future Lottery Draw of that Lottery. You acknowledge that the frequency of Lottery Draws each week depends on the specific Lottery that you are choosing to subscribe to (for example, some Lotteries have a draw once a week, whereas others have a draw two or three times a week). You may choose to simultaneously join an unlimited number of subscriptions (for different Lottery Draws or for different Categories).
Subscription Form Numbers
Default Numbers. By default, your participation in any of the Lotteries through the Subscription Service will be based on the Form numbers that you designate when you commence participating in the Subscription Service ("Subscription Form Numbers"). You may use the Site Tools, at any time, to replace the Subscription Form Numbers with the Form numbers that you have designated in the 'My Numbers' feature of your Account.
Randomly Selected Numbers
If you are participating in the Category Subscription Service, then you acknowledge that you may automatically participate in different Lotteries. Since each Lottery has different rules for participation, your Subscription Form Numbers may not be suited to each Lottery Draw. In such an event you will continue to participate in the Lottery Draw and: our system will use each of your Subscription Form Numbers that fall within the numbers range of the related Lottery Draw; to the extent that any additional numbers are needed, or your Subscription Form Numbers are not within the numbers range of the Lottery Draw, then our system will randomly select the missing or alternative numbers; and you hereby waive any claims you may have against Lottosend with respect to the selection of any missing or alternative numbers.
Term of Participation. You agree that your subscription, and related payment obligations, will remain active until such time as you use the Site Tools to suspend or deactivate your participation in the Subscription Service, which you may do at any time (you may also use the Site Tools to reactivate your participation in the Subscription Service).
For such time as you are participating in the Subscription Service, you will be debited the Form Price for each Lottery Draw that you play. We endeavor to lodge each Lottery Ticket as soon as the Site begins to accept Forms for a Lottery Draw, and therefore you acknowledge that if you decide to suspend or deactivate your participation in the Subscription Service, you may still be charged, and you agree to pay, the Form Price for the upcoming Lottery Draw. You acknowledge that the Form Price for each Lottery Draw may be subject to change for a number of reasons including, without limitation: since the amounts that are displayed on the Site are based on your Designated Currency, the Form Prices are subject to daily currency conversion variations; the Lottery Operator may change the price that it charges for its lottery tickets; since the Form Price may differ between various Lotteries, the Form Price for each Category may be different depending on which Lottery Draw is designated in that Category; or our service fees may change.
You agree that we may automatically debit your Account in connection with your participation in the Subscription Service. If your Account does not contain adequate funds to pay for your participation in the Subscription Service then we will charge your payment method (for example, the credit card that you have designated in your Account), and you hereby authorize us to do so; or we will not purchase your Lottery Ticket, in which event we will send an email to your designated email address notifying you that the transaction was not carried out due to insufficient funds. [Note: it is preferable that for the subscription service the user will provide an independent approval (clickbox agreement) for the payment terms. See also comments below]
Payments to Lottosend
You acknowledge and agree that if you choose to make a purchase on the Site (for example, by paying the Form Price) with your credit card; or there are insufficient funds in your Account to pay for a transaction that you have entered into, then Lottosend may charge that credit card or the credit card that you designate in your Account, and you hereby authorize the charging of that credit card (or any replacement card). [Note: it is preferable that for each additional charge the user provide an independent (clickbox agreement) approval for such payment]
If you choose to use the Subscription Service to submit Forms on a recurring basis, we may collect the Form Prices through a recurring payment using your designated payment method (including by credit card). You hereby acknowledge and agree that in connection thereto, Lottosend may submit period charges without further authorization from you, and such authorization shall remain effective until cancelled by you. [Note: it is preferable that for such periodical charges the user will provide an independent (clickbox agreement) approval in advance]
Restrictions and Acknowledgements
Except as expressly stated in these Terms, you acknowledge and agree that any Form Prices and fees and/or payments paid by you to Lottosend in connection with your use of the Site and any Services are non-refundable.
If you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, and in any event, you may contact us via our Support Service. Please be aware that we will not consider any such refund request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy, refund you that amount.
Transfer to your funds
General. During your use of the Site and Services, the following types of money or credit may be transferred to you or to your Account: Prizes; the cash value of money that you deposit into your Account for your use on the Site ("Deposits"); and/or a Referral Bonus, Referred Present or Welcome Bonus. Prizes and Deposits are collectively referred to herein as "Real Money". Referral Bonuses, the Referred Present and the Welcome Bonus are collectively referred to herein as "Bonus Credit". Your entitlement to any Real Money and/or Bonus Credit is subject to and in accordance with these Terms.
Use of Real Money. Real Money is transferred to your Account and may be used in connection with your future transactions on the Site (for example to purchase Forms). You may withdraw any unused Real Money at any time in accordance with Section 22.5 (entitled 'Withdrawals from Your Account') herein.
Use of Bonus Credit. Bonus Credit is credited to your Account and may be used solely in connection with your future transactions on the Site (for example to purchase Forms). You may not withdraw the cash or monetary value of unused Bonus Credit from your Account.
Notice: bonus credit cannot be used to purchase single tickets, only group entries.
Order of Use and Sufficient Funds. If you make a purchase via the Site, then we will first debit any available Bonus Credit that you have in your Account. If there is insufficient Bonus Credit to pay for your transaction, we will debit any Real Money that you have in your Account. Please be aware that if your Account does not contain sufficient Bonus Credit or Real Money to pay for your transaction, then we will charge the payment method that you have designated in your Account (for example, your credit card), and you hereby authorize us to do so.
Withdrawals from your Account. You may at any time use the Site Tools to withdraw the available Real Money in your Account, or any part thereof, by selecting your preferred withdrawal method. In order to withdraw certain amounts, you may first be required to provide us with specific information that will be used to confirm your identification and/or verify your credit card or other payment method. Additional information regarding the withdrawal of Real Money is a part of KYC forms and regulations. Please note that if we provide you with any Bonus Credit then it is solely for you to use in connection with the Site and it cannot be withdrawn from your Account.
Taxes and Reporting. You shall be solely and wholly responsible for the reporting and payment of any and all taxes and charges arising from or imposed on amounts paid or transferred to you by the Site under these Terms. You acknowledge and agree that the Lottery Operator might retain a portion of your Prize and forward it to the appropriate taxing authority on your behalf.
Currency. To the extent that we credit or transfer you any amounts under these Terms, we will do so in the same currency that you have designated in your Account to make payments to Lottosend ("Designated Currency"). You may choose your Designated Currency from a list of currencies that we display on the Site. You may change your Designated Currency at any time by accessing your Account and using the Site Tools. Please be aware that each time you change your Designated Currency, the funds in your Account will automatically be converted into the new currency and we may charge you a currency exchange fee for each such conversion; the amount of the fee is displayed on the Site.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process, subpoena or governmental request, enforce the Site Terms, including to investigate potential violations of them, detect, prevent, or otherwise address fraud, security or technical issues, respond to User support requests, or protect the rights, property or safety of Lottosend, its users or the public.
If you have any questions or complaints regarding the Site, including with respect to our Services and/or any payments, you may email us at SUPPORT [at] Lottosend.COM, submit an inquiry to us by using the 'Contact Us' option that is provided on the Site; chat with us via the online tool that we provide on the Site; and/or call us (at your own cost) to the support telephone number that we display on the Site (collectively, the "Support Service"). We use commercially reasonable efforts to respond as quickly as possible. If you have a complaint, you agree to provide full details of your complaint so that we can clearly identify the issue of concern. We may use the tools, software or services of third party service providers in connection with the Support Service.
This section applies whether or not the Services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Lottosend HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Lottosend DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT Lottosend WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF OUR OR OTHER SERVERS, DELAY OR FAILURE IN TRANSMISSION, OR ANY ALTERATION OR DISTORTION OF DATA.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. YOU AGREE THAT Lottosend SHALL NOT BE LIABLE FOR ANY LOST LOTTERY TICKET OR FAILURE TO LODGE A FORM OR PURCHASE A LOTTERY TICKET, OR FOR ANY CLERICAL ERRORS THAT MAY BE INCLUDED IN A LOTTERY TICKET, WHETHER SUCH FAILURE OR ERROR ARISES FROM OUR, OR ONE OF OUR SERVICE PROVIDER'S SYSTEMS, OR FROM OUR, OR ONE OF OUR SERVICE PROVIDER'S, HUMAN ERROR (EACH AN "INCIDENT"). TO THE EXTENT THAT ANY INCIDENT ARISES, OR WE BECOME AWARE OF ANY INCIDENT, WE RESERVE THE RIGHT TO CANCEL A LOTTERY TICKET OR PURCHASE AN EQUIVALENT TICKET FOR A FUTURE DRAW. OUR SOLE LIABILITY TO YOU, AND YOUR SOLE REMEDY, SHALL BE TO PROVIDE A NEW TICKET OR A REFUND OF THE RELATED FORM PRICE.
YOU ACKNOWLEDGE THAT CONTENT REGARDING A LOTTERY DRAW, INCLUDING THE OFFICIAL RESULTS OF ANY LOTTERY DRAW (COLLECTIVELY, "LOTTERY OPERATOR DATA"), IS BASED ON INFORMATION THAT WE OBTAIN FROM LOTTERY OPERATORS AND SUCH CONTENT MAY BE INCORRECT, INCOMPLETE, AND SUBJECT TO CHANGE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY LOTTERY OPERATOR DATA AND YOU AGREE TO VERIFY LOTTERY OPERATOR DATA VIA THE WEBSITE OR OFFICIAL PUBLICATIONS OF THE RELEVANT LOTTERY OPERATOR.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING YOUR CHANCE OF OBTAINING WINNING NUMBERS OR OF BEING ENTITLED TO A PRIZE. Lottosend DOES NOT GUARANTEE THAT A LOTTERY OPERATOR WILL PERFORM (INCLUDING PROPERLY) ANY LOTTERY DRAW, HONOR A LOTTERY TICKET AND/OR, PAY APPLICABLE PRIZES, AND YOU AGREE THAT Lottosend WILL NOT BE RESPONSIBLE FOR THE FAILURE OF ANY LOTTERY OPERATOR IN CONNECTION WITH ANY OF THE FOREGOING ACTIVITIES. IN NO EVENT WILL Lottosend BE REQUIRED OR LIABLE TO PAY YOU ANY PRIZE, OR AMOUNT EQUAL TO THE PRIZE, IN THE EVENT THAT A LOTTERY OPERATOR FAILS TO DO SO FOR ANY REASON. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE CLAIMS, RIGHTS OR REMEDIES YOU MAY HAVE AGAINST Lottosend THAT ARISES FROM YOUR INTERACTION WITH A LOTTERY OPERATOR AND/OR THE ACTIONS OR INACTIONS OF A LOTTERY OPERATOR.
Lottosend IS NOT A LOTTERY OPERATOR AND DOES NOT HOLD OR PROVIDE LOTTERY DRAWS. YOUR PARTICIPATION IN EACH LOTTERY DRAW IS VOLUNTARY AND AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH A LOTTERY OPERATOR OR ANY OTHER USER OR THIRD PARTY IN CONNECTION WITH THE SITE AND/OR A LOTTERY DRAW (AND ANY PRIZE IN CONNECTION THERETO), YOU AGREE THAT Lottosend IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. Lottosend RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Lottosend, OR OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND/OR AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISES UNDER THESE TERMS OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF Lottosend HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
UNDER NO CIRCUMSTANCES SHALL Lottosend'S, OR OUR AFFILIATES', AND OUR RESPECTIVE OFFICER'S, DIRECTOR'S, EMPLOYEE'S, LICENSOR'S, ASSIGN'S AND/OR AGENT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO Lottosend FOR USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM; OR US$100 (ONE HUNDRED U.S. DOLLARS).
You agree to defend, indemnify and hold harmless Lottosend and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: your use of, or inability to use, the Site or Services; any dispute between you and another User or Lottery Operator; or your violation of the Site Terms.
Responsible Gaming Policy
Lottosend encourages a responsible attitude towards betting and gaming, and in this regard we: prohibit anyone under the age of 18 years from registering an Account and using our Services; recommend that all Users establish limits for participating in Lottery Draws; and do not recommend that Users turn to Lotteries as a source of income or as a way to recoup debt. If you feel that you are using our Services in an irresponsible way we encourage you to stop using and close your Account by using the Site Tools that we make available on the Site to do so.
If you have concerns about your participation in Lotteries, then we encourage you to consult GamCare, a registered charity that provides information, advice and practical help in addressing the social impact of gambling, at: http://www.gamcare.org.uk/. GamCare provides counseling support, information and advice services, as well as a forum and chat room where participants can discuss, ask questions and offer advice.
Term and Termination
These Terms are effective until terminated by Lottosend or you. Lottosend, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time (including, without any limitation, for a breach of the Site Terms). Lottosend shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Lottosend without restriction or notification to you.
Arbitration and Payment Disputes
Any claim or dispute arising out of or relating to these Terms and/or your use of the Site or Services shall be resolved exclusively by arbitration conducted in Slovakia. You and Lottosend agree to the Slovakia competent courts as the exclusive forum for resolving any claim or dispute arising out of or related to these Terms and/or your use of the Site. If you and Lottosend are not able to agree on a choice of the Arbitrator within fifteen (15) days of one party demanding arbitration, then the Slovakia judicial system shall make the appointment of an Arbitrator who is neutral to the parties in controversy. The Arbitrator will be bound by the provisions of these Terms. Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision, and the written decision of the Arbitrator shall be binding on the parties to the arbitration. Any judgment upon the reward may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, Lottosend may seek injunctive relief in any appropriate court. Each party shall bear its own legal and other costs and expenses in connection with the Slovakia JURISDICTIONAL SYSTEM. [Note: is Slovakia acceptable?]
If you have a complaint or dispute regarding any payment to us, by us, or under these Terms, including with respect to a Form Price, Prizes, Real Money, or any Bonus Credit (a "Payment Dispute") you are first required to submit details of the Payment Dispute to us via our Support Service and we will use commercially reasonable efforts to respond as quickly as possible. Both you and Lottosend hereby agree to cooperate in good faith with each other to amicably resolve the Payment Dispute.
Lottosend reserves the right to discontinue or modify any aspect of the Site or Services at any time. The Site Terms and the relationship between you and Lottosend shall be governed by and construed in accordance with the laws of Slovakia, without regard to its principles of conflict of laws. You hereby irrevocably waive the right to a jury trial or to participate in a class action. The UN Convention on the International Sale of Goods shall not apply to these Terms. The Site Terms shall constitute the entire agreement between you and Lottosend concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This document was last updated on November 8, 2017